Valley Homecare Pharmacy v. Bonta
02:19:2006
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Valley Homecare Pharmacy v. Bonta
Valley Homecare Pharmacy v. Bonta CA2/3
California
Rules of Court, rule 977(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 977(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 977.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
THREE
VALLEY HOMECARE PHARMACY, Plaintiff and Appellant, v. DIANA BONTA, as Director, etc., Defendant and Respondent. | B176707 (Los Angeles County Super. Ct. No. BS085365) |
APPEAL
from a judgment of the Superior Court of Los
Angeles County. Dzintra Janavs,
Judge. Dismissed.
Law
Offices of Michael R. Hecker and Michael R. Hecker for Plaintiff and Appellant.
Bill
Lockyer, Attorney General, Thomas R. Yanger, Assistant Attorney General, Paul
Reynaga and Linda M. Gonzalez, Deputy Attorneys General, for Defendant and
Respondent.
INTRODUCTION
Pharmacy (Valley Homecare), appeals a trial court judgment denying a
petition for a writ of mandate.
an order directing defendant and respondent, Diana Bonta, Director, Department
of Health Services (DHS), name="_ftnref1" title="">
to reverse an administrative order withholding 100 percent of certain
Homecare. The trial court denied the
petition for a writ of mandate.
trial court entered judgment in favor of the DHS and while this appeal was
pending, the DHS notified Valley Homecare in writing that it had removed the
withhold. The DHS returned to Valley
Homecare approximately $455,131.05 of the withheld amount.
pending conclusion of a separate audit proceeding. Thus, in this appeal, given the removal of the withhold, there is
no actual controversy regarding the propriety of the administrative order to
withhold 100 percent of the Medi-Cal payments to Valley Homecare.
audit or whether the DHS was statutorily empowered to retain portions of the
withheld account pending conclusion of the audit must be determined in
proceedings arising from the audit, which this appeal is not.
FACTUAL
AND PROCEDURAL BACKGROUND
The Parties
provider of prescription drugs.
program. It dispenses prescription
medication to Medi-Cal patients.
Pursuant to Welfare and Institutions Code section 14043.1, subdivision
(e),
Valley Homecare is a â€
| Description | A decision on writ of mandate. |
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